When does Child Support end in NC? Monroe NC Attorney

When does Child Support end in NC?

11/6/2016

Updated 10/26/2022

Child support terminates at age 18 in North Carolina unless the child is still in high school. If the child is still in high school child support may extend until age 20 if the child is still making satisfactory progress towards graduation. In no event should child support extend past age 20 under North Carolina law unless a parent has voluntarily agreed to continue support for an extended period pursuant to a contract or separation agreement.

Does child support ever end early in NC?

Child Support ends early upon the death or emancipation of the minor child. Child support also terminates upon the death of the payor. Also a significant change in the number of physical custody overnights can warrant a termination or modification of child support in NC.

Does child support stop at 18 in NC?

Ongoing child support should end at age 18 unless the child is still in high school and making satisfactory progress towards graduation. What constitutes satisfactory progress would be a judge to determine if the child is still under age 20. If you are under wage withholding it may be necessary to file or submit paperwork to stop garnishment as the Court does not track graduation records.

Can child support extend past age 18 for disabled adults in NC?

There is caselaw to support a possible exception for children who are mentally or physically incapable of self-support upon reaching age 18. That being said, legislative efforts to amend the child support language in NCGS 50-13.4(c) to explicitly require support for disabled adults have failed.

How is child support calculated in NC?

Child support is calculated based upon the NC Child Support Guidelines. The guideline amount is based upon actual data for what intact families spend on their children. The main factors considered by the guidelines are as follows:

Number of children.
Gross income of each party.
Health insurance cost attributable to the minor children.
Daycare expenses.

Does child support stop if the child starts working?

Unless the child is emancipated the fact that a child is working does not impact the calculation of child support according to the North Carolina guidlines. The money a child earns belongs to the child and he and she can spend the money whoever they want such as on videogames and therefore the money may or may not go to support the actual needs of the child.

Is step parent money considered in NC child support calculations?

Money made by a new spouse is generally not considered in North Carolina child support calculations because they have no legal responsibility for children they have not adopted. That being said, if one spouse does not work or works limited hours because their new partner makes lots of money that certainly could be considered as suppression of income. Another possible avenue is to argue that deviation from the guidelines is appropriate based on the high income of a new spouse.

What if I can’t afford the NC child support guideline amount?

Deviation from the guideline amount is rare and generally is used to increase the amount required for children with special dietary or medical needs. The Court generally does not consider the expenses of the payor such as rent or a car payment in setting child support amount.

Is daycare included in child support in NC?

Child care or daycare is a line item on the child support worksheet that raises the amount of child support owed. The expense is usually included in the guideline amount and is essentially shared between both parties based upon their respective incomes.

Do I have to buy medical insurance for my child in NC?

The NC Child Support Guidelines assume that any medical insurance available from an employer to an employee to cover his or her children is available at a reasonable cost and ordinarily should be required by at least one parent.

NC child support laws for college students

Under North Carolina law there is no legal duty to pay any college expenses or to continue child support past age 18 if the child is enrolled in college. Please note that some states do require child support until age 21 if the child is enrolled in college.

What does child support include in NC?

Child support is meant to cover a portion of expenses involved with raising a minor child such as housing, utilities, food, transportation, clothing, educational expenses, entertainment, and incidentals.

is child support tax deductible in NC?

Child support is not considered taxable income for the custodial parent and therefore is not deductible for the party making the payment. This differs from the old alimony rule (alimony tax rule has been changed for newer orders) that considered alimony taxable income for the party receiving the money and the party making the payment receives a reciprocal deduction. One possible policy explanation is child support is received on behalf of a minor child whereas alimony is for the benefit of the party.

Can child support expenses be audited in NC?

The party receiving child support is not required to provide any documentation or accounting of how the money is spent. In theory the party receiving child support could waste the money on vacations, clothes, jewelry, or an outrageous car payment. The Court usually has no interest in scrutinizing how money is spent as it would clog up an already overworked Court system and may be viewed as a way to harass the party receiving support.

Do I have to pay for anything besides child support in NC?

A typical child support order simply requires one monthly child support amount. There is also usually a requirement to pay a percentage of uninsured medical expenses based on each parent's pro-rata income. Generally speaking, outside of child support there is no obligation to buy your child any clothes, pay for a soccer league, or even purchase a Birthday or Christmas present. One possible extraordinary expenses allowed under the guidelines might include private school if the child was enrolled before separation of the parties and it was a shared expense. Expenses related to braces are often shared pro-rata as a medical expense.

274 Comments

James Hayes

7/12/2017 11:55:49 pm

Dear Staff,
I'm currently working abroad paying child support thru NC courts...my son just turned 18 in July but will be attending college..am I obligated to continue my support? What is the cost thru your firm to file to stop the support? Currently the NC court order takes support from my military retirement pay. Please advise

Jason Witt

7/13/2017 09:27:44 am

Once the child is 18 and has graduated high school child support should end in NC. Take a look at your Order and see if it automatically terminates when the child reaches 18. If so you may be able to call your local courthouse or child support enforcement office and speak with a child support caseworker about ending the wage withholding.

If that doesn't work you may have to file a motion to terminate with the Court. Make sure you obtain proof of age and graduation from school.

Melissa Gurganus

9/9/2017 09:11:07 am

?does my child father's still have pay child support when he gets college if so how go about making sure he does as single mom it would help

9/9/2017 11:41:30 am

College does not extend child support support past age 18 under NC law unless it is provided for in a private contract such as a separation agreement.

Scott Gardner

9/30/2019 11:05:27 am

If I signed separation agreement to pay past 18, he is now 17 and alot has changed. Have two more children. I also pay his health ins truck ins and dental ins. Is there anyway to change that agreement?

9/30/2019 01:51:49 pm

You would need a local attorney to review your agreement to see if modification is an option.

Anthony Webb

2/18/2018 09:05:01 am

Hello I know that they can Garnish my Vacation Pay but I applied for one lump sum and my company paid it in 4 checks they took support out of each check I thought that they where only supposed to take it once instead of 4 differant times seeing how I applied for one lump sum van my company do that????

2/18/2018 11:25:02 am

The following is from the NC Child Support Services Enforcement website:

MAXIMUM ALLOWABLE PERCENTAGE (AMOUNT TO WITHHOLD FROM INCOME

The income withholding must always recognize an amount sufficient to pay the current support obligation, health insurance premiums for the enrollment of the child(ren), cash medical payments, spousal support (if included in the income withholding), an additional amount toward any accrued arrearages (under certain conditions that are discussed later in this section), and a $2.00 processing fee, which can be retained by the payor.

Withholding can be from any type of the NCP's disposable income, including (but not limited to) regular wages, overtime pay, vacation pay, or lump sum payments. The employer/payor is responsible for calculating the NCP's disposable income and determining the amount that can be withheld based on the maximum percentage amount that State law allows.

However, once the employer/payor has withheld the total monthly amount that is indicated on the Income Withholding For Support document (DSS-4702), no further withholding can be required from any additional income paid to the NCP during that month. CSS must not advise an employer or other payor to withhold more than the required withholding amount or the maximum amount allowed by State law.

Under NCGS 110-136.6, the total amount withheld from the NCP's disposable income for one (1) pay period cannot exceed the following limitations:

1. Twenty-five percent (25%) of Unemployment Insurance Benefits (UIB), regardless of the number of support orders;

2. Forty percent (40%) of disposable income when withholding for ONE support order;

3. Forty-five percent (45%) of disposable income when withholding for MULTIPLE support orders and the NCP is providing direct support for a spouse or other dependent children;

4. Fifty percent (50%) of disposable income when withholding for MULTIPLE support orders and the NCP is not providing direct support for a spouse or other dependent children.

5. If alimony or postseparation support payable to the custodial parent is being enforced with the child support order, the limitations that are set by the Federal Consumer Credit Protection Act apply.

https://www2.ncdhhs.gov/info/olm/manuals/dss/cse/man/CSEcP-10.htm

Nancy

7/28/2022 04:51:14 pm

My son is 18 he deals with adhd and couldn’t perform inside the high school, if he attends the community college in union county to get his GED then enter college, is he still eligible for child support payments?he goes everyday.

7/28/2022 05:44:49 pm

Is there a current court order on child support?

Reagan Anderson

7/20/2017 03:11:20 pm

Does NC require child support enforcement for children over 18 that have a disability? If so, you do you contact to seek extending it?

7/20/2017 04:54:14 pm

The statute only provides for child support until age 18 if the child has graduated from high school. That being said, there is an argument to be made with some caselaw regarding continued support for disabled adults. I would speak with a local attorney about what your local Judges may be open to considering.

Cristina

8/3/2017 10:27:26 am

My fiancé currently gives his ex child support money out of his pocket which is 600 monthly. We have a baby on the way. Does another child make a difference? Would you reccommend that he goes to court and see if he can settle for less?

Jason D Witt

8/3/2017 02:37:14 pm

Is there currently a court order for child support? If so then filing a motion to modify would be necessary to reduce child support. If there is no order then he could simply recalculate the numbers based on the guidelines with him having a new child living with him once that child is born.

Paul

8/4/2017 01:03:44 pm

My child support payments are garnished and it's truly setting me back. I cannot budget with such a small paycheck. If I had a full check I could pay the support one week and have to struggle a bit then have a number of weeks where I did not struggle. I see my kid, there was no custody battle, my ex and I get along. I'm just curious is there a way to stop my wages from being garnished so I could actually budget and feed myself and my kid?

8/4/2017 06:04:36 pm

Not sure what you are asking here. Are you trying to reduce your monthly obligation or are you simply trying to pay less towards any arrears?

JONATHAN DOTSON link

8/13/2017 09:38:05 am

I currently pay child support for 2 children. My son turned 18 this month. Will my child support automatically be reduced?

8/13/2017 11:52:57 am

If you are still to pay for the other child then it will not automatically be reduced since one child has aged out. If you want a reduction you need to file a motion to modify based upon the substantial change of circumstance.

That being said, you should definitely run the updated child support numbers before filing any motion using the online calculator. If your current Order is old and/or your pay has increased it is possible your child support obligation could actually increase!

Margaret

8/27/2017 10:32:34 pm

Not correct! You need to read President Obama's Excutive Order on the revision to Child support to keep the non custodial parent out of poverty and that BOTH incomes are to be taken into account. Demand modification

8/28/2017 12:32:04 am

What do you contend is incorrect- can you be more specific? President Obama did sign an executive order that has various effective dates based on the section. Is this section below what you are talking about regarding keeping the non-custodial parent out of poverty? I am not aware of any provision that requires including earned income from the spouse of the custodial parent.

The introductory paragraph for section 302.56(c) indicates the minimum requirements for child support guidelines. Paragraph (c)(1) indicates that child support guidelines must provide the child support order is based on the noncustodial parent's earnings, income, and other evidence of ability to pay that: (i) Takes into consideration all earnings and income of the noncustodial parent (and at the State's discretion, the custodial parent); (ii) takes into consideration the basic subsistence needs of the noncustodial parent (and at the State's discretion, the custodial parent and children) who has a limited ability to pay by incorporating a low-income adjustment, such as a self-support reserve or some other method determined by the State; and (iii) if imputation of income is authorized, takes into consideration the specific circumstances of the noncustodial parent (and at the State's discretion, the custodial parent) to the extent known, including such factors as the noncustodial parent's assets, residence, employment and earnings history, job skills, educational attainment, literacy, age, health, criminal record and other employment barriers, and record of seeking work, as well as the local job market, the availability of employers willing to hire the noncustodial parent, prevailing earnings level in the local community, and other relevant background factors in the case.

https://www.federalregister.gov/documents/2016/12/20/2016-29598/flexibility-efficiency-and-modernization-in-child-support-enforcement-programs

Michele

8/15/2017 12:30:13 pm

My son is 18yrs of age. Due to back child support my last payment is the end of Dec 2017. I was notified by my case worker that he recieved 2 letters. One stating my son dropped out of school. Another stating he has started back this year. Now my child support picked up again. He turned 18yrs of age July 2017. Now they are saying I will have to pay until July 2019. Just because he started back. What can I do to stop this from continuing?

8/15/2017 12:36:53 pm

Child support extend until the child turns 20 if they are still in high school and making satisfactory progress, Why did he drop out of school and then re-enroll so quickly? Do you think it was part of a scheme to extend your child support? If so, you could file a motion to terminate and argue he is not making satisfactory progress. You should probably speak with a local attorney to see if your local judges would be receptive to that argument.

Valerie Smith

8/16/2017 04:05:43 pm

Is this true for the entire state of NC? No child support past the age of 18, unless the child is still in Highschool?

8/16/2017 04:15:36 pm

The law in NC is supposed to be applied the same in every county. In reality that does not always happen. There is no substitute for speaking with local counsel about any particular facts that you feel warrant child support past age 18.

Tamese Hendricks

8/20/2017 05:55:15 pm

Good evening:

I was told that in the state of North Carolina if you have over 7 children that you are exempt from paying child support. Is that true? It sounds a bit far-fetched.

8/20/2017 06:36:15 pm

At some point the child support would max out to where more kids with the same mom may not result in more money. If there is more than one mother then multiple child support orders can be a basis for deviation. That magic number of kids would change based on the income of the parties.

Lee

8/31/2017 06:49:33 pm

My child support order was established in Union County. Since then, my child has moved to another county outside of the state of NC, where they have lived for the past 3 years. What laws apply when they reach 18? NC or the state in which they moved?

8/31/2017 07:02:15 pm

You should file a motion to terminate in Union County when the child reaches age 18. If you are asking if the new state can start a new action to keep child support going past age that answer depends on several issues. You should first determine your exposure by checking the law in that state to see if support can extend past 18 if the child is in college or otherwise. If you are asking if the new state can have jurisdiction to sue you that likely depends on their long-arm statute. Sometimes simply being served with a lawsuit in the state can give a state jurisdiction. Your best bet may be consult with an attorney of the new state.

Matthew Hamilton link

9/4/2017 10:11:33 am

If my child is 18 and I still owe areers, then am I still obligated to pay? I would like to set up a personal account for my child for support through college that will go to him.

9/4/2017 05:33:39 pm

An arrearage does not simply go away when a child turns 18. If the child is about to age out you need to make sure future payments will be applied to any outstanding past due balance.

Child support is paid directly to the parent, to be spent however they want. You can’t simply set up an account for child support to control how the money is spent. If the other party would agree to waive any arrearage in a consent order then perhaps what you want could be accomplished.

Brooke

9/19/2017 01:54:09 pm

My husband currently has a child support order for Washington County NC. We just found out that his 17 (just turned 17 earlier this month) year old son has dropped out of school, has no plans on attending any kind of school, stays drunk and in trouble with law, works a "job" when he wants, and the mother had no idea where the child is (except for the approx 2 nights a week he decides to stay "home"). Should he still have to pay child support until the child is 18?

9/19/2017 02:23:34 pm

You could try and argue the child is emancipated, but that would be difficult. Unless child support is really expensive it may be cost prohibitive to even hire a lawyer. In the end it would be up to to a local judge and I can't comment on that county.

Joanna

10/4/2017 01:53:03 pm

My husband's ex wife, to whom he pays child support and alimony, got married secretly 2 years ago. He pays over 2k per month in alimony and child support (alimony is 600/mo). 2 of his 3 children are over the age of 18 and in college. His support amount has not changed. Can we request that his ex pays back the amounts that should have been reduced due to #1 her marriage (alimony reduction), and #2, the children turning 18 and living on a college campus?

10/4/2017 03:23:50 pm

Sounds like he certainly needs to do something about the alimony ASAP and ask that any change be retroactive to her secret remarriage.

Why did he not file to reduce child support when his children turned 18? Child support should have been recalculated at that time, but sometimes when one child ages out the amount due does not decrease for a variety of reasons such as guideline adjustment every 4 years for inflation or increase of income of the payor. At this point he really needs to speak with a local attorney.

Nicole

10/12/2017 12:46:33 am

My youngest child has aged out and graduated from high school. I am no longer obliged to pay child support as per my divorce agreement and so I have stopped payments via direct deposit to North Carolina Child Support Centralized Collections Payment Processing Center. I have never been behind in payments and therefore do not owe back payment. Should I file a motion to terminate child support even though my divorce decree stipulates child support obligation ends at this time? How does would this protect me? For example, could this affect my ex possibly seeking retroactive payment prior to the end of child support obligation? Tks!

10/12/2017 10:52:11 am

This procedure varies by county. You should reach out to either Raleigh, the local Court, or the local Child Support Caseworker with graduation records, otherwise they have no idea your child has graduated. Often this will allow them to update the system to stop any false arrearage from accruing.

Kathy

10/23/2017 10:30:40 am

I just found out my husband has a 15 year old daughter. The child has another mans listed as the father on the birth certificate. If I choose to have his name removed legally and my name put on the birth certificate would I be legally liable for back child support or just liable from the birth certificate name change forward.

10/23/2017 10:46:35 am

I believe that would ultimately be up to a judge to decide. I would recommend speaking with a local attorney who knows your local judges.

Catherine

11/13/2017 10:51:08 pm

Hi will I still have to pay child support after my child graduates? She will only be 17 when she graduates high school.

11/14/2017 09:49:18 am

You will have to keep paying until age 18 unless the child is emancipated.

Abby

11/15/2017 02:29:12 pm

Hi, my son has turned 18 and graduated from high school. I continued to receive child support payments. How do we go about getting child support payments to stop? Are they supposed to stop automatically or do we need to file a motion of termination?

11/15/2017 07:24:30 pm

Never heard of someone receiving child support wanting it to stop. I would suggest calling Child Support Collections in Raleigh or speaking with your local Child Support Enforcement Office.

Robert

11/15/2017 04:49:03 pm

I have a voluntary child support agreement for my two sons, and I pay the amount from the state worksheet directly to their mother each month. There is nothing in our agreement regarding child support or college costs for the children after they graduate high school.

My oldest son is 16 and a high school senior. He will still be 16 when he graduates in the spring and just turned 17 when he starts college in the fall.

Am I obligated to continue paying child support for the oldest child once he is no longer in high school and is enrolled in college?

11/15/2017 07:17:28 pm

Child support continues until age 18 even if the child has graduated high school. It only ends before 18 if the child is emancipated.

Heide boyar link

11/19/2017 08:37:18 pm

My question is I have a son who is almost 17 hevis in 10th has an IEP has autism high functioning is developmental lu
delayed, by law he is alllowed to stay in school till 21
how does that work with child support? Currently my ex pays me every month can I take our agreement to CSE have it come out thru wage reduction I always worry he may forget or if something happens I won't get paid.
is there any case law on child support with special need children, when he is 18 I will be making all his
medical decisions legally thru the court. Thank you

11/20/2017 12:36:00 pm

If the child has not graduated high school then child support can continue until age 20. You should speak with your local child support office about special needs being an exception considered by your local judges.

Lily Bean

11/22/2017 03:09:46 pm

I've filed for review for the first time. My child has court ordered support for 550.00. I no longer am employeed but the father just had another child. My child is 12 and no longer has day care expenses. Is there a chance her amount will be lowered?

11/22/2017 04:41:09 pm

There is no way to answer your question without more information, but child support could certainly be increased or decreased based on the guidelines. Try the online calculator link on the child support page of this site.If the other party had another child that will certainly be a factor in their favor. Why are you no longer employed? The judge could impute income to you if you are voluntary unemployed or underemployed.

Steven link

11/29/2017 11:13:13 pm

My son is now 17 and wants to drop out of HS. If you returns to his mother can she file for support?

11/30/2017 12:06:26 pm

Yes- if the child is under 18 and living with mom you owe a duty of support. She could even talk your son into returning to high school and your duty of support would extend until age 20 or upon his graduation from high school, whichever occurs first.

Troy

12/2/2017 02:22:10 pm

My ex has filed a child support order, but I have no visitation rights. Honestly, I just can't seem to afford the local attorneys who speak more money than law upon the various visits. The most complicated part is that she lives in Michigan. How can I file for visitation rights on my own? By default, I feel that I'd gain something.

12/2/2017 04:45:33 pm

If the child has lived in Michigan for the past 6 months and there is no custody order from any other State then you likely have to file for custody and/or visitation in Michigan as that is now the home state of the child. is that not what you were told by attorneys in NC?

Shawn

12/20/2017 07:17:43 pm

Hi. I was really excited to find the Q&A here on this site. I have been researching for months how to remedy a horrific situation for myself. So here it is. I have a 19 year old daughter who is in college. Once she turned 18 I was not aware of the law that stated that child support didn't automatically end at 18 and completion of high school. Therefore once she did turn 18 and was graduated I stopped child support payments to her mother. Also I had paid child support payments not through court order prior to her being 18 and also half of medical expenses and cell phone bills and extracurricular and braces Etc. All of these were a part of our separation agreement. Also part of our separation agreement was that certain parts of the extras that I would agree to pay half of must have been agreed upon before the money was sought after. And there was also a visitation arrangement in place as part of the separation agreement. I realize that visitation has nothing to do with paying actual child support. But my question is this I was blindsided about 6 months ago with a check that I receive direct deposit through my work being short $175 from what I had expected it to be. After much much research I discovered that a court date had come and gone several times that I was not aware of. And the verdict of that was that my ex-wife had salt assistance through the North Carolina Child Support Enforcement services and gone to court and not only had she gained child support for my 19 year old daughter who has never held a job. But she had also maybe case and somehow proved that I owed 15 or $16,000 in back child support. I thought I would have a stroke! So the only thing I can think of is that somehow she was able to calculate some things that she had wanted me to pay for outside of the regular child support that had not been discussed or that she was actually just fabricating numbers to suit her need for money. I am now paying close to $800 a month for my daughter. And $100 of that is considered arrears payments for back child support that I guess the court found I needed to pay as well. So I have been paying this money for the last 6 months and I have also salt representation from a couple of my local attorneys and I have not gotten really any response from them. My thinking is perhaps it really isn't worth their time. My wife has done extensive research trying to figure out anything that might could benefit in our favor. She came across a couple things. One being something about undue hardship. She said that when she figured numbers based upon what my ex-wife made and the money that was paid to her monthly and the money that came into our house after child support was garnished from the paycheck that it left my ex-wife's household making three times as much money per person in the household then what was in our household. My ex-wife makes approximately $65,000 a year by herself. And I am paying her monthly close to $800. My daughter has free college through the state Pell Grant and she also will not work as her mother has always said she would not make her work until she had graduated college. I also left my home to my ex-wife and daughter when I left and did everything possible to accommodate the needs that I saw to ensure that my daughter could maintain the lifestyle that she was used to. I did not ask 4 the house to be sold and money split. I really tried to be the best way about things To be a man about things. But I am truly at my wit's end at this point trying to provide for my family now. I have been married for 5 years and have seriously struggled due to all that I have had to give to my ex-wife. anyway I realize that's not the point my question is is there any law statute loophole Etc something that I can do to either file a motion to end the child support at this point? Or am I stuck having to pay until she completes College or age 21 or 22 I forgot what the papers say? Also if they go by the separation agreement my wife is wondering can something be done to go back and nullify that agreement as it is stated because it in and of itself has not been enforced in all parts and if that's the case how can only the monetary portion of that agreement be enforceable. it is not that I don't love and care for my daughter and want the very best for her in this world. But I am exhausted from giving all that I have to her and her mother with no reciprocation. I am unable to do for myself and my family and also another child in my home. Can anything help my situation? And if so what is it? Thank you so much for taking the time to read this and hopefully respond....

12/20/2017 08:20:42 pm

At this point you need a local attorney to review the court file. What county is this order from? Any opinion from an attorney who did not review the file is about worthless.

My first question would be how did they get service on you to have a hearing without your presence? You will need to check the court file to answer to that question. If you discover they did not obtain proper service perhaps you could file a Rule 60 motion to set aside that order. Also you need to act quickly as setting aside an order more than a year old is often difficult to impossible.

1/22/2018 11:46:24 am

Thank you for your response. I am going to check into your suggestions to see if anything can be done. It has been about 6 months so hopefully it can be set aside. This was in Columbus County. Thanks again

Jessica

12/23/2017 10:06:02 pm

I have a voluntary child support agreement for my son, and I pay the amount from the state worksheet directly to his father each month. There is nothing in our agreement regarding when to stop paying child support. My son is 17 and doing online High School. He tells me he goes at is own pace but has not been doing his work. I know the law is 18 and graduated, is there a difference between online high school and physically going to a school? Even if he doesn't do the work, he is still enrolled as long as it is being paid for. If he does not graduate but continues to be enrolled, does that mean I pay until he is 20?

12/24/2017 12:15:42 pm

Is this voluntary agreement a signed agreement like a separation agreement or just a verbal agreement?

Susie

12/30/2017 02:09:30 pm

My son's child support comes out of his check weekly and goes to Raleigh NC. His daughter is in 12th grade and turned 18 this November. She graduates high school in May. How does he prepare to stop Raleigh from garnishes his wages..also when will the child support payments end?

12/30/2017 04:30:47 pm

His child support obligation should end when the child graduates high school in May. He should go ahead and contact the child support caseworker at the courthouse holding the court order. Hopefully all they need is proof she has graduated to stop the garnishment, but he may have to file a motion to terminate. Best to check now so he knows what to do come May.

MIKE

1/17/2018 08:59:26 am

if a child is 18 and still in high school leaves the home of a custodial parent and moves in with the non-custodial parent and begins missing many many days of school and get suspended, does the court have jurisdiction to force the child back into the home of the custodial parent to finish high school?

1/17/2018 10:38:23 am

An 18 year old is an adult under the law and the court has no jurisdiction over custody of an adult unless they are adjudicated incompetent.

Sharee

2/1/2018 02:53:41 pm

My husband's has 4 kid's with 3 women he pays child support for! One should come off in May when he graduates high school. Will or could the other kid's child support payments go up when the one child comes off?

2/1/2018 03:04:45 pm

One of the other parents could certainly file a motion to modify child support. As your husband would have less monetary obligations that could certainly impact the computation of any modification.of any remaining order.

John Osborn

2/7/2018 12:52:34 pm

I live in IA and my daughter, who will be 18 this May, lives in NC. She should be graduating high school in June, however, she will not have enough credits to do so. Will I have to continue paying child support if she has to take another year of school? She hasn't put any effort into going to school, which has highly affected her grades.

2/7/2018 01:09:16 pm

If the child is still making satisfactory progress towards high school graduation then North Carolina child support can extend until age 20.

Lily link

2/11/2018 07:46:21 am

My daughter is about to turn 17 and lives with a third party. I take care of all medical insurance and braces payments(school clothes and supplies). I received a letter from the child support office stating her care giver is trying to get state assistance. I am try to figure out how the child support will be figured. Will both her father and I be required to pay? How is this calculated? I also have another child I am responsible for. Also will I be required to pay after she is 18 and graduated high school? Thank you for your help.

2/11/2018 11:50:25 am

Child support in North Carolina is calculated according the guidelines- there is a link to the calculator on my child support page. Both parents should be required to pay a share, but there is no telling what the father makes or if they can even find him.

Child support should terminate in NC when the child is 18 and has graduated high school.

Mike M.

2/12/2018 01:44:16 pm

My daughter who turned 18th in 2017 was suppose to graduate in june. Child support stopped, i even got a refund check back. in August i was served again which i am out of state to resume due to daughter is in secondary school to continue high school. During this time i gotthe transcripts from her high school and found out that before she turned 16 she had all these unexcused absences and stayed out of school and was pulled out due to lack of attendance by her mother. so that means for 2 years she did not goto school nor make academic progress towards graduation. now all of a sudden at the age of 18 she decides to goto secondary school.....and now im 2 month in arrears... Is this correct ?? can i go after the agency since the mother submitted fraud documents and did not update the agency of these changes. Can i get my money due back for everything i have paid since the age of 18, How about the agency or her child support attorney for accepting these false documents to continue the support, Where do i stand, that is alot of money that she has stolen..

2/12/2018 02:31:52 pm

Why did child support stop at 18 if she was still in school? What county is this from?

Jim

2/16/2018 04:55:02 am

I'm not sure if my daughter will graduate from high school this June. She just turned 18 so I called the child support case worker to confirm the next steps for terminating the court order after emancipation. The case worker said my daughter is not due to graduate until 2019 per information she received from my daughter's mother.

My concern is that child support is going by what the custodial parent stated without verifying school records directly with the school system. A 2019 graduation date may not be factual. I want to periodically confirm my daughter's academic progress; especially since the time I'm obligated to pay child support is directly related to satisfactory academic progress and emancipation. I live a few hours away from where my daughter resides. What are my options for accessing my daughter's records directly from the public school system? As the non custodial parent, do I have rights to request and obtain her school records?

2/16/2018 12:05:47 pm

Is there any court order in place regarding custody or visitation?

2/25/2018 03:57:31 am

Yes, I have a custody court order for my daughter.

2/25/2018 10:58:27 am

If you have a court court establishing you as the legal father you should be able to provide a certified copy of the order to the school to access records regarding your child.

2/26/2018 07:48:17 pm

Okay, thank you so much.

3/11/2018 10:20:58 am

I was able to obtain a copy of my daughter's public school records. She isn't enrolled in a public high school and hasn't been since 2015. However, I don't believe she dropped out.

I believe she may be in a charter school because she attended a charter school before. The central public school system office informed me that they don't track charter school records. At this point, I don't know how to obtain her charter school records.

Given that I don't know which charter school she is attending or the central governing body for charter school records, how can I obtain a copy of her charter school records?

3/11/2018 11:38:26 am

Contact every charter school in the area. Another option is hire a private investigator to sit outside the house in the morning and follow the bus or car to school or document she did not leave the house.

At this point though it may just be time to file a motion to terminate support and see what happens in court.

3/12/2018 05:23:43 pm

Okay, will do. Thanks again. I really appreciate your help.

4/12/2018 07:47:18 pm

I didn't move forward with a motion to terminate child support yet. I went to the child support office to ask if I could do so and child support enforcement said that I still had to pay until my daughter graduates from high school.

Is that completely true or is there still a chance that I can file a motion to end child support since she is 18 and she would've graduated this year had she not flunked the 9th grade?

I also have a custody question. I had a custody mediation session for the custody order. The mediator said there was nothing he could legally do to enforce the custody order since my daughter is 18 and considered an adult. I wanted the courts to enforce the order by ensuring that I was able to re-establish contact with my daughter. Her mother has deliberately changed phone numbers for years.

Is it true that the custody order is now officially terminated since my daughter is 18? If so, I think it is ridiculous for custody to say there's nothing we can do to force her mother to ensure you're able to visit and contact your daughter because she is an adult now but on the other hand, child support says although she is 18 you still have to pay child support until she graduates which will hopefully be next year.

4/12/2018 09:46:50 pm

Child support can extend until age 20 in NC if the child is still in high school and making satisfactory progress towards graduation. Once a child turns 18 they are an adult and the court can’t tell them where to live or require them to visit either parent. In essence you have to pay “child support” for an adult, but have no rights to see your child. Just be glad you don’t live in a state that requires child support until the age of 21.

Jennifer

3/2/2018 02:32:53 pm

So my 17 year old son was removed from my home at my request for horrible criminal offenses against his half brother who was 9 at the time. Social services took custody of him and placed him with a guardian (who is my mother, whom I have had no relationship with for 15 years) My 17 year old son was found guilty of all offenses. My issue is I am having to pay $500.00 a month to this child that committed such horrible acts toward his brother and paying that amount in child support leaves me strapped too where I can’t afford therapy care for my other son (victim). My question is why do I have too pay child support for a child I have had no contact with in 2 years, have requested my rights be terminated that was refused, the guardian now has legal custody why doesn’t her income come into affect? I have no future plans to have contact with this child. I did the right thing and I am being punished.

3/2/2018 02:49:02 pm

This sounds like you would need to consult a local attorney who knows the local judges to see if you have any options.

A.J.

3/10/2018 02:53:18 pm

I will turn 18 next year in the middle of my Senior year in High School. Both my parents have joint physical custody. It's my understanding that when I turn 18, the court will no longer dictate where I must live or with whom I must live with. Is this correct?

If so, and I chose to live with only one parent until high school graduation, will both parents still be required to pay child support until I graduate?

If both parents paid child support after I turned 18 and before I graduated high school, would a parent /later/ have the right to petition the court to be paid back the payments they had made during that time?

Thank you in advance for your response.

3/10/2018 06:23:50 pm

Once you turn 18 you are an adult and can live by yourself or with whoever you want. If you live with one parent primarily then that parent could sue your other parent for child support.

Robert Webber jr

3/23/2018 12:02:30 am

My child has lived with me since Oct 13 2017 and i have been paying child support i have a court order that she lives with me which was filed Dec 6 2017 i made a motion to stop child support in Jan we go to court for that in march...will i get my money back from when i filed the motion or will the judge make my ex pay me back since Dec and about how long would it take for me to get my money back

3/23/2018 11:15:56 am

The State will not be giving you any money. Best case is they order mom to return the money directly to you. That being said it is up to the Judge if and how much mom will be ordered to return.

William Jenkins jr.

3/23/2018 12:24:31 am

My daughter graduates in June in north carolina I live in south carolina....do I have to get an attorney to stop it in june

3/23/2018 11:13:16 am

It depends what the order says about termination and whether you are under wage garnishment. Contact child support enforcement or a private attorney in the county of the order.

Donnell Black

3/26/2018 01:28:11 pm

I have a 26 yr old im still paying on. And a 19 yr.old who quiet school. How do i go about about stopping payments. The 19 leaves in Ga.

3/26/2018 01:38:00 pm

Sounds like you need to file a motion to terminate if child support enforcement refuses to do so after being presented proof all your kids are over 18 and not in high school.

T.L.

3/29/2018 03:42:04 am

My husband’s ex has sent a message to him stating she will no longer pay for the child’s lunch when we have custody of the child. Is this under NC law considered a covered expense by child support? Their decree does not directly address school lunches.

Also at what age can the child decide where he or she wants to live in NC?

3/29/2018 07:50:16 am

Worksheet A usually covers everything except uninsured medical expenses which are apportioned based on the percent income of each parent. The non custodial parent usually has no further obligation outside of the monthly child support amount.

There is no magic age under NC law when children are able to decide with whom they live. That being said, the wishes of older children are often given more weight by judges. As with all issues speaking with a local attorney who knows your local judges is imperative for guidance as the "law" is applied very differently in various NC counties.

Myra West

4/7/2018 10:00:14 pm

My husband has 2 kids with his ex. His ex has custody of one, their daughter, and my husband has custody of their son. My husband’s son is about to turn 18. Will that potentially cause the child support he pays for daughter to increase?

4/8/2018 11:08:23 am

Yes- Moving from Worksheet C to Worksheet A where the other party has custody of the only remaining minor child should raise his obligation.

Teresa Petty

4/13/2018 10:39:28 pm

I live in NC and my children in Virginia. My child support case was established in Washington DC, but when I moved here I registered it in Virginia where they live. In DC my order would terminate when they turn 21 years of age, since it is registered in Virginia does that age of termination still stand? The UIFSA is confusing to me. Thank you.

4/14/2018 11:45:44 am

You would need an attorney licensed in Virginia to review your current order.

4/17/2018 12:24:24 pm

Stii paying child support on 24 yr old daughter. I still have to pay arrears

4/17/2018 01:21:18 pm

A child support arrearage does not go away when a child ages out. Did you have a specific question?

T. W.

4/19/2018 03:17:28 pm

Would the NCCSE suspend wage withholding if I paid the remaining amount of child support on my child in a lump sum? I have 13 months left, and would be willing to drop the entire balance on them to stop the monthly bill.

4/19/2018 04:57:54 pm

I don't have a direct answer, but would be hesitant to let them know you have extra money laying around as they may think you are making more and file a motion to increase your monthly obligation.

4/21/2018 07:56:21 am

I am earning roughly double what I was back then, but at this point it would cost her more in legal fees than she would get in increased child support. Is a resultant increase in support the only reservation you would have about a client approaching NCCSE with this proposal? I am about to buy a house and the reduction in monthly expenses is worth a lot right now for debt/income ratios.

4/21/2018 10:34:09 am

Child Support Enforcement will generally represent the custodial parent for free so legal fees should not be a barrier for her to seek a modification. What if your child does not graduate high school on time and 13 months turns into 25 months? if you still want to move forward you should contact an attorney in the county with the order to see if what you are proposing is a viable option.

Jacob H.

4/21/2018 07:01:47 pm

Hello,

I currently pay child support for my daughter. I have recently (4 months ago) begun a new job that pays more than my original job when child support was issued. A few years ago I lost my job, did not put in for a temporary stop on CS, and now owe arrears as well as some pretty severe IRS debt. My childs mother is recently married and their total income far surpasses mine. With my current order, I am slowly digging myself out of my debt, but a review is set for increase. My monthly bills, including debt, surpass what I make, so I'm constantly playing catch up but the debt pile is slowly moving along. I physically cannot afford an increase at this time. Will the CS office take any of this into consideration when reviewing my order? They only asked for proof of income and child care cost, there was not date for a hearing. Does the CS agency simply calculate it themselves with no chance for me to provide documentation of expenses (debt)? I'm not sure what to do.

4/22/2018 10:52:41 am

The good news is there is a max that can be garnished from your paycheck. If 90% of a paycheck could be garnished people would quit and find a job that pays under the table.

The bad new is that percent is rather high depending on your income and the number of child support orders. The further bad news is that even though there is a max that can be garnished the actual order could exceed that amount meaning the arrearage continues to grow even though you are being garnished. Finally, your actual expenses such as IRS debt do not factor into calculation of child support.

Greg

4/25/2018 06:09:49 pm

I have 2 daughters one is 11 the other is 14 the question I have is the older they get does the child support get less

4/25/2018 07:17:45 pm

Child Support does not change based on the age of the children. Daycare is a factor that could go away or one child could reach majority and therefore reduce the guideline amount. That being said, every 4 years or so the guidelines are adjusted up for inflation.

Mark

5/18/2018 11:31:58 am

I have joint legal and physical custody of my 3 children. In our custody it states she is suppose to supply the insurance give me a copy of the premium and policy. She pay half of then I pay the other on kid's insurance. In the beginning I paid all because she still had me on the insurance. Then she took me off and I heard rumors about her getting laid-off, her drawing disability and etc. So I asked her for proof. She wouldn't provide it. Sometimes she would make a copy of card and say call number on back it would say they had insurance but she wouldn't send me proof of payment. How much it was costing her because sometimes when you come out on leave she didn't pay anything.I just don't understand why she didn't want to provide me with the paperwork. When she was saying she was broke.I never once told her I wouldn't pay her. What i'm worried about is the judge going to make me pay back pay!! I even called her work place they wouldn't release it even if show them the agreement.

5/18/2018 12:30:19 pm

You never know what a Judge is going to do about a back support issue. That being said, you certainly need to document you have asked for proof of bills/payment in writing via email and/or text and she has failed to provide the same as required by the court order.

Erica

5/21/2018 06:15:10 pm

Hi! My boyfriend lives in GA and pays child support pursuant to a Consent Temporary Order for his four children (living in NC). He just found out the oldest, 16yr, quit high school several months ago (before the Consent Temporary Order) and is working a full time job. The son provides his mother with money each month. Is my boyfriend still required to pay child support for a child with a full-time job that fully supports himself and also provides additional income to his mother? Is the mother required to disclose this additional income on her financial affidavit? Thank you!

5/21/2018 06:49:53 pm

Child Support is still required until at least age 18 unless the child is emancipated. Never heard of a Judge considering money a child makes in calculating child support- then again not many 16 year old children drop out of school to work full time. If he really wants to pursue the matter he would need to speak with an attorney in the county of the current order who understands how a local Judge may view the situation.

5/23/2018 09:20:37 am

For Union County - My fiance pays his ex-wife semi-monthly child support payments, when we get married, will his ex-wife be able to request increased child support based on our joint household income?

Also, if his ex-wife gets remarried, will her and her new husband's joint income effect my fiance's payment amount?

Lastly, he has 2 kids, the oldest will graduate high school this year, he owes a decent amount of arrears, right now he pays $80/month to the arrears, how do they calculate the arrears payment after the child aged out?

5/23/2018 03:34:06 pm

The NC guidelines do not consider the income of a spouse in determining child support- only the parents. The Judge has the authority to determine the arrearage repayment schedule.

M E

5/30/2018 04:23:23 am

I am the custodial parent and live in another State. The noncustodial parent lives in NC. We entered in a Consent Order in NC courts where he agreed to pay child support through age 22 or graduation from college, whichever came first NC Child Support Enforcement has been collecting the child support (no wage garnishment he has paid directly to them) and they send as per UFISA to State where child resides. Child turned 18 in April but was still in high school just graduated in May. Now NC Child Support states they will not collect any further and are closing the case based upon NC Emancipation provisions. What recourse in NC do I have, can I, even though I am a nonresident of NC file a Motion or Petition for Contempt for father not paying and enforcement ignoring a valid Court Order? Also the other parent paid in April and NC Enforcement is “holding” the payment allegedly with no explanation and no request ever being provided that they would not provide services after child turned 18 but was still in high school, did not graduate until May, which was the regular scheduled date

5/30/2018 08:53:49 am

You would need a local attorney to review your Consent Order and explain your options at this point.

demond williams

6/7/2018 12:19:48 pm

My son graduated early from high school early when he was 17. He will be 19 the 20th of October. i am still paying child support on him. Now i do have child support payments for 2 children. i was wondering if they are going to owe me back that money for Child Support i paid, and how do i get it to stop.

6/7/2018 03:21:23 pm

Not sure I follow. Do you pay child support for 2 children pursuant to the same order and now one is over 18? If so, it may be appropriate to file a motion to reduce. That being said, make sure you run the updated child support numbers because if you are making more money now it is possible the guideline amount could actually be more for 1 child versus 2 children.

Donny Chapman

6/9/2018 05:54:20 pm

I am a father of 2and have been paying child support to Nc where the children reside. My oldest is 19 and was held back in the 6th grade. My middle is 17 but turns 18 in june (this month). They both graduated from High School yesterday (June 8). I live in Sc and have child support come straight out of my pay check and sent to Nc. I am current with all debts so im not in the rears at all. Who do I contact or does these payments stop on their own??

6/9/2018 08:42:57 pm

Contact your local child support case worker at the courthouse in the county with the order and provide provide proof of graduation. If that does not work you may have to file a motion to terminate.

Thomas

6/14/2018 09:00:40 am

Hi
On my divorce decree it is ordered that I stop paying child support when my child turns 18, but I am paying through child support agency and they state that I will have to pay until my child is 20 if she goes to college. Is this correct or should it go by the divorce decree?

Thank you

6/14/2018 09:55:09 am

Is this a NC court order? Sounds like you certainly need to speak with a local attorney at this point about filing a motion to terminate.

6/14/2018 10:12:32 am

Yes it is. In our divorce decree it stated I would pay child support to the age of 18. I was paying her independently and so for our 1st child, I stopped paying for him. I loss my job shortly after that and was taken to child support agency. I am back employed, but was advised that even with the divorce decree I will have to pay for my child until she is 20 because she will go to college. Which I prefer to pay her directly after she turns 18. I am making payments to the arrears as well. I just wanted to know with the divorce decree stating to the age of 18 which was agreed on, can I place a motion to terminate child support when she graduates HS. I live in Florida and she lives in New Bern NC.

Thank you so much for any advice. I really don't have money to pay for a lawyer at this time.

6/14/2018 10:22:40 am

Child Support generally only extends until age 20 if the child is still in High School. I would call back and speak to someone else or ask why the normal rule does not apply in your case.

Take a look at NCGS 50-13.4:
Payments ordered for the support of a child shall terminate when the child reaches the age of 18 except:

(1) If the child is otherwise emancipated, payments shall terminate at that time;

(2) If the child is still in primary or secondary school when the child reaches age 18, support payments shall continue until the child graduates, otherwise ceases to attend school on a regular basis, fails to make satisfactory academic progress towards graduation, or reaches age 20, whichever comes first, unless the court in its discretion orders that payments cease at age 18 or prior to high school graduation.

6/14/2018 10:53:05 am

Thank you so much! This really helps. I will take my divorce degree when I file. That won't be for 2 more years, but I just wanted to be sure.

Jose Umanzor

6/27/2018 04:59:22 pm

I'm paying $800 at month for my 2 daughters but one turn 18 and graduated from high school. My ex thinks I'm supposed to pay the same amount till my youngest turn 18 and i have a 1 year old baby from new marriage.
Would that be the case or would I pay half of what I'm paying now?

6/27/2018 06:52:38 pm

You should run the updated guideline amount using the child support calculator (link provided on my child support page). Assuming nothing else has changed your obligation should be eligible for a reduction, but it won't go down by half. Be aware you will have to file a motion to modify to start the process.

6/27/2018 09:12:50 pm

On the original separación aggrement from 2013 stipulate I'm to pay $250 per child on 2017 she file for motion to modify child support due to my baby been born march 21 2017 i offer to pay $150 extra per child
My oldest daughter is 18 and graduated high school. So i should only pay for my youngest child witch is $400 right.
And we went to family court we didn't use the child support guidelines.

6/27/2018 09:18:15 pm

If you pay pursuant to a court order you have to get that order modified before you can start paying less unless the order is very specific as to automatic adjustment (very rare).

6/27/2018 09:34:53 pm

Yes i have file for motion to modify for the court to remove my oldest child.
I'm waiting on my court date.
I just wanna make sure the system is not gonna be unfair tours me

6/28/2018 10:22:09 am

You should have a local attorney review your file as the law is often applied differently depending on your county and judge.

Kimberly

7/3/2018 12:19:17 pm

My son turned 18 last August graduated June 9, 2018. My ex husband signed some papers to terminate child support yesterday July 2, 2018. Will I still get the last payment they took out of his check last Friday before he signed the papers yesterday?

Thank you,
Kimberly

7/3/2018 01:04:21 pm

This would be a question for Child Support Enforcement.

Courtney

7/5/2018 11:34:46 am

Hi! My husband met with his case manager last month to stop his child support payments since his daughter graduated from high school. The case manager informed him that as soon as his employer receive the documents that they would stop the payments. It has been almost A month since he met with the case manager . His employer stated that they have not received anything from the county. Is there anyway that he can get back the money for this month?

7/5/2018 12:05:47 pm

If the money has already been paid out then he would probably have to sue the other parent to recover any money. This happens all the time and getting the money back is rarely worth the effort if the other side refuses to cooperate.

Latasha

7/11/2018 05:20:15 pm

Hello do you still have to pay child support if your child dies and you owe arrears

7/11/2018 05:34:42 pm

I don't believe the child passing changes the arrearage amount already due, but any ongoing amount should certainly be stopped.

Richard Maxwell

7/13/2018 12:14:57 pm

Hello! My son turned 18 this past May and I understand that my court order to pay child support stays in effect until my son graduates from high school as long as he is attending on a regular basis and is making satisfactory progress towards graduation. I just learned that my son missed 60 days this past school year. Is that something that would cause the child support to cease?

7/13/2018 07:31:48 pm

If he is no longer making satisfactory progress towards graduation the burden is on you to file a motion to terminate.

Tim D

7/16/2018 10:06:34 pm

Please help. My daughter turned 18 in November 2017 and graduated with honors in June 2018. My ex agreed in May 2018 that I was paid in full and I even paid my ex extra to ensure I was parting on good terms. I files a motion with Mecklenburg county to modify child support(CS) payments and filed for termination of said CS. I submitted all the information to include details and proof of my daughters graduation. Yet the clerks scheduled a hearing in front of the judge. I called the clerk of courts who put me in touch with the Judges scheduler and I said I don't get it> why would there be a hearing when my ex is the one who agreed that I was paid in full through the month of my daughters graduation. The clerks said it was the law. I said surely you jest and there has got to be a way of clearing this up without wasting the courts valuable time. The clerks response, you should hire an attorney....really I said. She said yes; I askled if my ex and I could do a sworn affidavit that would be notarized. She said we could do that but the judge still could decide to drag us into court. So can someone please tell me this is a bad dream and there is a much cleaner and more judicious manner than wasting taxpayers $'s for an unnecessary court hearing. My ex has already said she will not take off work and would not attend the hearing. When I mentioned this to the clerk, her response, well she may not attend but the judge may postpone the case. I said how can I be held responsible for something I can't control...the clerks response, sir, this is the law and I don't make the laws.....Again...someone please tell me that I am in an alternate universe. Thank you 16 July 2018

7/16/2018 11:09:33 pm

You can always hire a lawyer to attend court on your behalf, but that will of course cost money you should not have to spend. Without being an attorney navigating the system can be difficult to impossible in certain counties. At this point you can either try and draft you own consent order (not easy) and have it notarized by all parties and submitted to the judge or just attend court and be prepared to submit proof that child support should be terminated. As you have discovered child support court is designed to extract money from the payor.

Tim

7/18/2018 03:23:50 pm

I'm currently under an order to pay for health insurance along with my child support payment. Getting it through my work would be much more expensive and would limit doctors and procedures since it's an out of state plan. Can I buy private insurance through Blue Cross blue shield of NC since it's cheaper than me going through work and deductible/Copay are cheaper for her? If I go through work, I'll also have to get coverage for me, but currently I'm in the VA healthcare system.

7/18/2018 05:16:17 pm

You would need to take a look at your current order. If your current order requires you to maintain your current coverage or gives you credit for paying a higher amount under your work plan that could create an issue if you switch plans. Best to have an attorney review your order.

Steve

7/21/2018 06:36:23 am

My child support stopped on may 16 2018. Was inform from raleigh i had money to be refund to me but my case worker have to release it.. its been two months and she haven’t released it... how do i go about getting it release. (Case worker doesn’t return my calls, so only info i get is from raleigh.

7/21/2018 11:11:36 am

Keep making calls to Raleigh and your local child support enforcement agency. If the money has already been paid out you may have to sue the other party.

Becky

7/26/2018 12:30:16 am

Question? My husband paid child support until he got ssi the rolled over to ssdi. I called them and told them he was getting his ssdi and that the child in question would be getting a child benefit . He was 18 and had to go back for half a year. My ququestion is how will they adjudicate this now that he is 24 and his mother failed to report he had gotten a child payment from social ssecurity? She has told the child suppprt enforcment he owes arrears. We are aware he does but not what she is stating. So how do they adjudicate for payment when he still gets ssdi and he paid him the benifit. Will they wipe half off? His ex girlfriend refuses to forgive the debt she is bitter and wants the money. Even tho he is 24 and she got medicaid and food stamps she cant legally forgive the debt but dont understand she wouldnt gwt the money it would go to the state to pay back what she used. Am i correct on that as well.

7/26/2018 10:30:32 am

You would need a local attorney to review the court file for specific legal advice.

7/30/2018 03:49:26 pm

If child support is ordered and also "retroactive support" is ordered and the child has turned 18 and completed high school, is the "retroactive support" the only payment left if there has been no arrears on the normal child support payment? Is there a difference between arrears and retroactive support?

7/30/2018 04:03:19 pm

Was an order created for the first time after a child turned 18? If you want specific advice regarding an existing order you would need to have local counsel review that order.

Dave

8/21/2018 03:18:07 pm

My original order was in conn. I live in NC. My daughter's CS ended 6/20/18. It's 2 months later and they continue to take my money. Is this legal. How long is it supposed to take for them to stop taking the money out? They said I'll be reimbursed but I have zero faith in the government.

8/21/2018 03:36:42 pm

If you current order is from Connecticut then you should immediately contact an attorney in that state for assistance before you lose anymore money that may never be returned.

Aaron

10/2/2018 09:16:08 pm

if a child is 18 and still in high school and then leaves the home of a custodial parent and moves in with the non-custodial parent, does the non-custodial parent still have to pay child support even though they are now caring for the child. The child support agreement is written such that I have to pay until he turns 18 or graduates high school whichever is later. If he is now living with me then I would think that would terminate the obligation. Thanks for any response

10/2/2018 10:02:59 pm

Sounds like the other party should be paying you support. That being said you would need to file a motion with the court.

Omar

10/20/2018 03:28:55 pm

My daughter will be 19 in a few weeks and never made is past the 9th grade however her mom found a way to manipulate to get her enrolled in High School for one reason only. Child support! She lost to me on court last year because I proved she was not in school and not living at home. My case was suspended and then closed. She is at it again and has filed a motification of the order stating my child is back in school and back at home. Total manipulation and illegal. What can I do?? Its like the non custodial gets the short end of the stick.

10/20/2018 05:06:45 pm

Be prepared to present any evidence you have as to her residence and status in school. This may require a private investigator as the other party will likely be ready to lie. Ideally hire a local attorney to help you send discovery or subpoena any school records on attendance.

Raven Simmons

10/28/2018 10:59:11 am

My fiancé has 6 children, 4 different mothers. He is self employed. As of now, only 1 mother is in the process of pursuing child support legally. We live here in NC but she lives in Florida. How will this affect me after we are married?

10/28/2018 12:06:16 pm

With six children he is subject to a large percentage of his income being garnished. Unless he makes a lot of money you could end up supporting him.

Kevin Buckson

11/19/2018 04:12:32 am

I’ve been paying child support in accordance with my separation/divorce decree which is $800 a month which is paid $400 on the 1st and $400 on the 15th of each month. My child just turned 18 and in the separation/divorce decree I have to pay child support until my child graduates high school. If my child graduates high school on June 14, 2019 will I have to pay the $400 child support on June 15?

11/19/2018 10:04:04 am

For specific advice on a legal document you would need to consult a local attorney.

Kevin

12/4/2018 11:23:28 pm

My daughter is 22 years old And has a job and not in school and hasn't lived with her mother well over 3 years she Ashby lives with her grandmother but the courts want me to pay arrears of $30000... What can I do to stop this is this considered emancipation???

12/5/2018 09:29:16 am

Arrears generally don't go away due to emancipation or a child becoming an adult, but you should should seek advice from someone where the order is located.

Jason

1/14/2019 01:58:49 pm

What if you were paying 2 diffrent states for the same child and arrears are diffrent in each state?

1/14/2019 02:50:25 pm

Not sure I understand your question.

Sheila

2/5/2019 09:29:30 am

My husband has paid child support for what will be 18 years as of the end of February. We have reached out to both mom, CS case worker and the CS attorney- with no response. My question is being the child will not graduate by age 18 but is doing online school how will CS keep up with when the child actually graduates ? We have requested to be kept in the loop with school documentations and were only given the month of November to look at (by the childs mom) which shows the child only did 40 hours for the entire month and that was between 4 classes... So for example the month of Nov she only had 1.5 hours in math!!! My second question is how is this considered to be working sufficiently towards graduation? We don't mind paying it until she graduates by any means but I also don't want to be to taken advantage of and drag it out just because they can. Is there anything we can do or do we just have to smile and continue to take it.

2/5/2019 09:35:03 am

If you feel like this is just a scam to extend child support (does happen) you might consider just filing a motion to terminate along with some discovery regrading academic progress. If you want to get a fair hearing in front of many judges you will likely need to hire a lawyer. How much is child support per month?

Kay

2/15/2019 12:02:30 pm

My current husband has an older son with an ex , that son turned 18 January 2019. He had failed to pay her support starting February 2019 this month. But in turn he had already told her he was going to stop payments and he would started paying for his son car insurance(1st time driver) to still help him out... I explained to my current spouse per statute most still pay child support until graduated high school and in NC of course that will be in June 2019. But, my spouse stated he thought the divorce order itself terminated support at age of 18. They have been divorce over at least 16 years now. I just married him a few years ago and in conversation recently he actually pulled the divorce decree and reviewed and it stated he was to pay her support for an amt of $600.00 per month that they later years amended by a notarized letter only( to reduce to $300.00 per month ) once child reached school age. Which he has paid every single month until this month for the last 16 years. My concerns is it is not a clerks case(that he is aware of) Order states to pay support directly to the spouse and its not a IV-D child support case. Will he need to just continue to pay support for the next 4 months and then stop support.Which is not a big deal but his ex, trying to threaten him and say her case is with local clerk office and he must still pay. (which I don't think it is) Or will he have to file a motion to stop support since the Divorce order and sign notarized statement didn't address it. Again, I have no clue why there attorney in divorce didn't address a end date or standard language but it says absolutely nothing about when it is to stop. Thanks for your time and consideration

2/15/2019 12:43:00 pm

You would need to have an attorney review the court order for legal advice.

Barbara

2/27/2019 06:23:22 pm

My divorce papers state "The husband agrees to maintain and keep in force at his sole expense a policy of medical and hospital insurance equivalent to the coverage and amounts now carried by him, which shall provide coverage and benefits to the minor child of the parties so long as the Husband is obligated hereunder for the child's support or education." Our daughter is now 18 and in college. Is her father "obligated" to provide medical and hospital insurance since her college (educational institution) requires this insurance?

2/27/2019 08:41:26 pm

You would need a local attorney to review the court order for a legal opinion.

SUE

2/27/2019 11:01:02 pm

An original custody agreement was filed in 2010 when my children were in elementary school. They have not spent an overnight with their father in 1.5 years and have not seen or spoken to him since Aug 2018. Do I need to hire an attorney for a motion to modify custody in order to move from worksheet B to worksheet A. It's a substantial increase, which would definitely help pay for their car insurance and vehicle expenses. They are 15and 16 now. Thank you for your help.

2/27/2019 11:38:14 pm

You may just want to contact your local child support enforcement agency to see if they will represent you for free in a motion to modify child support.

Kara Black

3/6/2019 12:35:24 pm

Hi. My husband pays 750 a month in child support and the mother of his child submitted a motion through her lawyer for the child support to begin coming out of his paychecks (up until now he was mailing a check every month). Will they take something from each check or will they take the whole payment each month from one check? We are wondering how this works. Thanks.

3/6/2019 03:39:59 pm

Usually an equal amount comes from each check, but it really depends on how it gets set up via the withholding order.

Henry Simpson

3/17/2019 10:23:45 am

Do I still have to pay my child support arrears after my child turns 18 and if I do then do I have to pay child support while she attends college then start paying my arrears of after college

3/17/2019 11:11:28 am

A child support arrearage does not go away when the child turns 18 or else that would create an incentive to simply delay paying. That being said, future ongoing child support should terminate when the child has graduated high school and reached age 18 unless you signed some agreement that requires support beyond the statutory maximum.

David

3/26/2019 08:29:50 am

I was wondering if you didn’t pay child support and the child has past 18 , can the parent still request child support after ten years after his 28 birthday? Is the a statue of limitations in NC on child support?

3/26/2019 08:42:53 am

It is not easy to wait out a child support arrearage. A child support arrearage could be reduced to a judgment. A judgment is good for 10 years in NC and can be renewed one time for an additional 10 year term.

Sarah

4/22/2019 05:31:49 pm

Child support stops according to my husbands papers at 18 or once the child finishes secondary school. He and his ex pay medical bills 50/50 per court papers. In the papers it states that his ex is to provide medical insurance for the child as long as it is offered, through her employment, at a reasonable cost and until the child in question is no longer eligible for dependent coverage under such medical insurance. Does my husband have to continue to pay half of the medical bills once child support has ended and been terminated? Thank you.

4/22/2019 05:54:41 pm

For specific legal advice related to a legal document you should let a local attorney review the document in question.

Jamie Long link

5/11/2019 02:09:15 pm

Hello,
My husband's ex closed all cases against my husband last year. On 4/29 of this year, she re-opened the case on our oldest daughter, who will be 18 in August. Is he required to pay arrears on cases that were closed but then re-opened? Also, can we request the case be closed when she turns 18?

5/11/2019 03:32:06 pm

Sounds like you would need to have a local attorney review the court file.

Brian

5/13/2019 01:20:04 pm

My 17 year old child is graduating high school in June, starts college in August and turns 18 in October. I will be the parent supporting him in college, paying supplies, paying whatever needed beyond scholarships / loans / etc. Is he considered emancipated once he starts college or do I need to continue child support until he is 18 in Oct. I will have a hard time helping him and paying his mom child support (and will be living at college).

5/13/2019 01:47:33 pm

Emancipation is not automatic and requires an action be filed with the court- see the statute below. Where is your son going to be spending breaks such as labor day weekend when in college- with you or mom?

https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_7B/Article_35.html

James Bailey

5/15/2019 02:11:32 pm

Hi. When my ex wife and I split up she went on public assistance and it wasn’t for a Very long time that I realized I was responsible for everything she was using on the government. I feel as if she was just using the government for her own gain as I was paying her lump some of cash and because i was young and stupid I never thought about receipts or anything nor did I have money to hire a lawyer. One day I get a court order for Child support which was perfectly fine as it was less then the cash I would constantly give her. Then I received another paper talking of child support arrears however they arrears are owed to the state for all of her assistance she received. My child support payments end this month however I now have a state owed arrearage of 13,900.00. I don’t make the money to pay this off anytime soon and could be years! Is there anything that can be done? I’ve read about a forgiveness or offer in compromise but I don’t fully understand the workings. Thank you for any help!

5/15/2019 03:08:35 pm

You would need a local attorney to review the court order to see if anything can be done at this point about challenging the arrearage.

5/30/2019 12:37:59 pm

My son is finishing up his junior year in high school. He will graduate in June 2020. January 2019, he joined the Army National Guard. He has gone to drill, one weekend a month making about $170. He leaves for basic training on June 3. His father (who he has not had much of a relationship with and is over $7000 behind in child support-- nor has he paid any portions of his medical bills since birth) contacted my son last week telling my son to "do the right thing" and let child support know he joined. I called and explained the following situation"
Sworn in Jan 2019
Drill one weekend a month feb-may 2019
Basic June 3 2019 for 10 weeks
Drill one weekend a month Sept 19- May 20 (his senior year)
Then when he graduates he will go for his job training and then college.
They have stopped requiring that his father has to pay child support any more because he is in the military but he is still in high school and cant support himself.
I understand the definition of a minor per GS 7B but, he is still in high school

5/30/2019 12:56:46 pm

You would need to speak with an attorney in the county of the child support order.

Ashlynn

6/25/2019 03:21:57 pm

My husband is paying child support right now however we are due to have a baby in November of this year. Is it possible to do a motion to have the child support reduced after the baby is born? Everyone lives in NC just in different counties.

6/25/2019 04:36:51 pm

He could certainly file a motion to modify, but he should run the updated numbers to make sure it will result in savings since the base guideline numbers were adjusted up in January of 2019. I have seen people ask for a modification expecting a decrease only to have it increase due to guideline inflation, daycare changes, health insurance changes, or income changes by either party.

June link

6/30/2019 07:30:34 pm

My son filed a motion to modify in Union Co as the plaintiffs income was double his and he had 145 overnights. He and the Plaintiff settled without being heard by a Judge to not require any support from each other. ( I believe the Plaintiff found out SHE would owe support to my son instead of my son owing her). Since there is no longer an order for support, is the requirement for him to provide insurance also gone as there was nothing regarding that issue mentioned in their parenting agreement or the Memorandum of Understanding or the approval signed by the Judge.

6/30/2019 08:39:51 pm

A parent is responsible for a child's medical bills so cancelling insurance is not a good move.Sounds like he needs to take her back to court (or at least threaten that) to get her to contribute to the child's health insurance.

Shirley

7/22/2019 06:14:35 am

My teenage stepson decided he did not like rules, which we have in our home and not his mothers, so he refuses to come to our home. His mother now wants to reevaluate child support. He is 17 and will graduate in 2 years at 19. I have 2 questions. First, she works cleaning nice homes and making good money and is paid under the table. Is there a way to prove that? Second, if she reevaluates now can we reevaluate in 2 years when he finishes school since NC says you can reevaluate every 3 years?

7/22/2019 08:48:36 am

Proving under the table income is difficult to impossible without evidence such as a private investigator or tripping the person up on the witness stand. You can always ask for a codification of child support based on a substantial changes of circumstances even if it has been less than 3 years.

Meg

8/7/2019 12:41:50 am

If a child is 18 and graduated high and child support obligations have already been stopped through the child support agency, is the noncustodial parent still responsible for paying half of the child’s medical bills? The 18 year old is on the custodial parents medical insurance.

8/7/2019 08:22:32 am

The answer should be no for new medical bills under NC law absent another contract or order requiring payment.

8/7/2019 09:27:58 am

The only thing divorce papers state is that custodial parent is to provide health insurance until children are no longer eligible to be on the policy and parents are to pay uninsured medical bills 50/50, but does not say when this part ends.

8/7/2019 09:36:04 am

You should have a local attorney review your order for specific legal advice.

8/7/2019 12:46:55 am

Is there a way to calculate child support if I do not know the other parents income?
Situation is I have a child that I was paying child support for turned 18 and graduated high school and child support agency has already removed him from the order, I have a newborn recently born. Trying to see if there is a way to calculate what child support should be at the current time, but I do not know what the other parents income is.

8/7/2019 08:24:14 am

Not really since Income is the most important factor in the child support calculation.

Dana Wiles

8/12/2019 11:18:06 am

My husband pays child support for one remaining child who turned 18 in July, she was a Junior in High school but laid out of school so much last semester they would not let her take the exams. And she got pregnant at 17. They say she is going to finish her High school credits online. She will be having the baby in October, and her mother lets the boyfriend stay there with them or she stays at his home. What do we do in this situation?

8/12/2019 11:42:51 am

You would need to speak with an attorney in the county of the order to determine your options as child support generally extends until age 20 if the child is still in high school.

Cie

8/17/2019 05:59:58 pm

My step daughter quit school in the spring of this year. She turns 18 in October of this year. She was failing everything last year when she decided to quit. I am certain she will re-enroll before school starts in the next few days. However, she has struggled for years in school because she does not apply herself. She does more socializing that learning. What does the court deem as satisfactory progress towards graduation. My guess is as long as she is enrolled in school until she reaches 20 we will have to pay child support. We really don't mind paying it as long as she is trying to pass but she doesn't seem to want to do anything. She is supposed to be a Senior this year and is considered a sophomore because she does not apply herself.

8/17/2019 11:36:04 pm

The law is open to interpretation on that issue. It will ultimately be up to a local judge to decide so you would need to speak with a local attorney for insight into your local judges.

Eve

8/31/2019 01:35:48 pm

My son is due to turn 18 in December. He was scheduled to graduate in June of 2020, however has been doing online high school for two years. I have asked for documentation regarding grades but have not received any. I don't even know the name of the school. Once he turns 18, is my ex-spouse obligated to provide me with this information so I can see if he is making satisfactory progress towards graduation? I would also like confirmation that he is actually enrolled in a program. Thank you for any information you can provide in this matter.

8/31/2019 07:32:04 pm

Unless the current court order requires him to provide documentation the burden is totally on you to request formal discovery or file a motion to terminate support.

Btbstj

11/11/2019 09:33:32 pm

If my child turns 18 dec 4th and child support has not yet been court ordered and my child will be done going to high school at the end of December but won’t walk across the stage until June will her father have to pay child support

11/11/2019 10:56:43 pm

If the child is 18 and no longer making progress towards high school graduation then child support should ordinarily be stopped.

Eugene

12/20/2019 02:48:45 am

My daughter turned 18 in November and will be graduating in June 2020. What are the steps I need to take to make sure my child support stops? I do have arrears to pay which I am willing to take care of. My other child had turned 18 and graduated out of school and they were still taking child support even though my ex and I signed the paperwork stating that she didn't need it. When we addressed it they stated that none of that money could be transferred to arrears. I just want to be proactive that this does not happen again. Also my divorce decree states I am only obligated until the child turns 18. Should I make sure Child Support has that as well? Any help would be appreciated. Thank you and happy holidays.

12/20/2019 02:30:46 pm

If you are paying via NC Centralized Collections you would need to contact them to make sure things are set to terminate otherwise you may have to file a motion with the court. Things do vary by county so speaking with a local attorney may be required.

Shari Stuart

1/10/2020 08:52:12 pm

Hi!
I have 50 percent legal and physical custody of my daughter, and she left me 10 months ago at 14 1/2 years old. She has a court appointed, protected therapist that she sees at least once a month. Just two years ago, she wanted to testify to live with me, and the therapist encouraged it. I now have stage 4 cancer, and she left without warning for her dad’s home and completely blocked contact. Long story, but her father tried to take her away for 10 years, it was a very messy time period.
I am sick, on chemo daily, and don’t know what to do. My attorney friend says that I will push her away for good if I take her dad to court, and her therapist says that she can’t suggest custody, only support my daughter.
This is messy, with a lot of lies filed in court to try to take her, that I proved 100 percent false. Her father is ruthless and has a lot of money, acts above the law. He hasn’t responded to me since May.
What can I legally do? She’s 15 now, I’m terminal but managing cancer, and he stopped sending child support that helped me pay for the home I bought by my daughter’s school. I am completely alienated. Please tell me what I can do?

1/11/2020 10:31:59 am

Sounds like a tragic situation, but internet advice will not suffice for such a complex matter. My suggestion would be meet with a local attorney and perhaps even a therapist to carefully review your case and explain all your options.

Jane

3/4/2020 10:02:31 pm

Hi, I share joint custody for my two children and still pay child support because the father claims he makes less than minimal wage. His new wife has a business that he claims pays him only $1000 a month. They will be graduating at the same time this June. One will be 18 and the other will be 17. The 17 year old doesn’t turn 18 until May 2021 and will be attending college in the fall. I saw that child support continues until they are 18. The other parent is not paying for any of the college fees or living expenses. I currently pay for her medical, club fees, clothes, any expense that comes up for her because they don’t think any of it is important or a need. In addition to claiming he makes less than minimal wage from his current wife (shared business), he also has them 1 additional day a week. When they go to college their overnights with him will change. Can I stop paying child support or do I have to go through the courts? Also, my daughter doesn’t want to be obligated to follow the parenting agreement and spend required time at his house. What can she do to be able to legally make her own choices? The original order was in Mecklenburg county but we both live right outside the county now. Thank You

3/6/2020 12:47:34 pm

To modify a current court order a new order must be signed by the judge.

Charlene Carmack

3/18/2020 10:16:09 pm

Hello,
My son is 17 and just had a baby. He was living with my mom and I was ordered to pay support to her. He has since moved in with his baby’s mother and no longer lives with my mom, can support be terminated? Also can a non custodial parent request a dna rest at anytime? I signed an Affidavit of paternity what I was only 17 years old. I really didn’t know any better. Thanks

3/20/2020 01:28:19 am

If the person paying child support now lives with the child then they should most certainly file a motion to terminate. A non-custodial parent can file a motion for a DNA test, but if you waited years to do so your options if the child is not yours may be limited.

John

3/20/2020 06:44:30 pm

My son turned 18 in December. He graduates in July. I went to court in August 18 for a reduction due to being payed off. My payments were rude Ed from 980 for him to 450. After the ruling, the judge requested a follow up court date to confirm my new employment. They said I didn’t have to attend. At that date, they continued siting new evidence. At the next court date they took my payments back to 900 stating that I should find a better job. I think it’s because my sons mothers works for social services and is friends with the DA and judges. What can I do to even the playing fields? And does the support automatically stop after graduating or do I have to schedule a court date?

3/21/2020 04:24:51 am

Going to court without a lawyer is rarely advisable. Unless the order automatically terminates at a certain date then you would likely need to file a motion or at least contact child support enforcement to confirm they will stop garnishment upon proof of graduation. You can never rely on the other party notifying the court to stop payments.

5/28/2020 04:44:56 pm

My Exwife just told me that my child support payment to her will not end even thought my daughter will be graduating high school in June and she also turns 18 in June because she, being my exwife is receiving state funded medical insurance and according to her lawyer if I stop paying child support after high school she can take me to court to force me to pay child support. We have a verbal agreement of payment. My daughter will also be attending college starting in the fall semester and staying on campus. It sounding a little fishy to me but I do not know the laws for NC regarding this.

5/28/2020 10:03:24 pm

If this is a NC case it sounds like she is trying to trick you into ongoing payments. That being said, if your wages are being garnished you may have to file a motion to stop that garnishment as the state does not keep track of when your child graduates as it relates to child support.

5/29/2020 09:08:12 am

Mr. Witt,
Thank you for the confirming what I thought and did some research on through the CS website in NC. Everything just sounded fishy especially with my daughter going to college, staying on campus and she is her mother’s cash cow for one of CS payments and it now ends with becoming an adult and leaving her control. My wages are not garnished as it was a verbal support agreement and it is allotted out of my military retirement pay.
My support is for my daughter and will continue with the same amount but will be going directly to my daughter for her needs while in college plus a savings for when she graduates. Thank you again!

Marsha Strauss

7/2/2020 10:19:07 pm

So, I receive child support the first of each month. Daughter turns 18 mid July. Should I receive final payment July 1, or was last payment the june one?

7/3/2020 12:36:40 pm

If your order says payment is due on the first and she is still 17 on July 1 then payment should be due July 1.

Tori

7/9/2020 11:16:23 pm

Jason I must start by saying you are an amazing individual who I commend for all the help you have been for the folks who have sought your help. I humbly apologize in advance for even asking anything as my questions are a tad repetitive from what I have seen but you are the person I have been seeking for direction, the answer to mine & my husband's prayers so to speak.

Per his divorce decree from 2008 it was ordered for him to pay child support for their beautiful daughter in the amount of $550.00 per month. He was able to pay this until he moved back home to FL roughly 2009/2010. At this time he & his ex-wife verbally agreed to lower the child support to $300.00 per month as his income drastically changed. He would send more when he could above the $300.00 & did pay half of his additional cost like braces ect. He has made these verbally agreed upon payments ever since with the exception of maybe 5 payments when he lost his job.

The decree reads verbatim after settlement date - Husband's child support obligation shall continue until the minor child reaches the age of 18 years, (she has turned 18 earlier this year) becomes emancipated, or until the death of the child, or death of the husband, whichever occurs first. PROVIDED, HOWEVER, if the child is in primary or secondary school when said child reaches the age of 18 years, support payments shall continue until said child graduates from high school, (she has thankfully graduated last month) otherwise ceases to attend school on a regular basis, or reaches age 20, whichever comes first.

My husband is hoping for clarification on a few things
1) Is child support technically over? She is attending college in the fall which he is hoping to send his daughter support directly in the amount he chooses rather than the verbally agreed amount to his ex-wife. Based on the responses I have seen you post to others I think it is done however I just hope for confirmation to be 100% sure.
2) Does he need to file anything for the child support to terminate? The payments were made to his ex-wife directly either via check or more recently the cash app.
3) Due to this verbal agreement between them is there any repercussions he should be aware of in the event she wishes to seek the additional $250.00 monthly he was not paying as stated in the decree?

Also Im not sure if this has any relevance for our questions but his ex-wife & daughter moved from NC to SC a few years back. I just wanted to mention that in case there is anything you may be aware of for the clarification we are hoping for on our questions.
Thank you kindly in advance for your help & time Jason, my husband & I greatly appreciate you & your direction. God Bless you & your family always :-)

7/10/2020 12:48:18 pm

I would recommend he provide a copy of this court order to an attorney for specific legal advice. Generally speaking child support does end at 18 if the minor has graduated high school, but only a judge can modify a court order on child support- simply relying on some verbal agreement is what gets people in trouble all the time.

7/13/2020 04:45:40 pm

Thank you kindly we will be contacting you. We greatly appreciate you!

Carl

8/29/2020 03:23:53 pm

My youngest daughter is currently 18 and my ex-wife and I had agreed that I would pay support until she was almost 19 as we had held her back in kindergarten and she would be just shy of 19 when she graduated HS. However, my daughter ended up enrolling in middle college, and is currently taking all HS classes. How is middle college viewed in NC law as far as HS vs college? Thanks!

8/29/2020 06:18:39 pm

I do not have an answer as to middle college. The relevant question generally is does the child have a high school diploma equivalent or not.

8/31/2020 08:31:23 pm

That's the thing. They don't receive their HS diploma until they finish their associates degree and they get a 13th year to compete it. Which means that she technically is done with HS classes now, but it would made her almost 20 instead of 19 when she technically gets her diploma.

8/31/2020 08:59:06 pm

You would need to consult a local attorney for specific legal advice regarding your case.

Chris

9/7/2020 08:13:31 pm

I just found out that my son who is 16 has decided to drop out of school and is currently not living with his mother bouncing from friends to friends house. If he drops out of school being a minor do I still have to pay child support? In NC

9/8/2020 03:12:15 pm

Child support generally goes until at least age 18, but you may be able to argue he is emancipated or that his mother is no longer supporting him.

james

11/23/2020 06:29:08 am

My son has lived with me his whole life. He decided he want to live with his mother. He turns 18 in one month and graduates in 6 months. can she take me to court to pay child support?

11/23/2020 08:15:49 pm

I guess she technically could, but you could countersue her for 3 years of back support if she never paid you.

Chris G

12/2/2020 01:27:56 am

Husband pays $3000. a month child support for one child in NC. Childs 18th birthday is on May 10. Is his May payment still $3000, or is the birth month prorated. ($100 a day for the 9 days in the month child is 17)

12/2/2020 07:34:20 pm

I do not have an answer other than I have never seen anyone try and end child support in the middle of the month before.

Gabbie

12/29/2020 09:38:35 am

Hello, my question is about NCGS Section 50-13.4 it says "Payments ordered for the support of a child shall terminate when the child reaches the age of 18 except:

(1) If the child is otherwise emancipated, payments shall terminate at that time;

(2) If the child is still in primary or secondary school when the child reaches age 18, support payments shall continue until the child graduates, otherwise ceases to attend school on a regular basis, fails to make satisfactory academic progress towards graduation, or reaches age 20, whichever comes first, unless the court in its discretion orders that payments cease at age 18 or prior to high school graduation." My question is why this law isn't being considered anymore. Meaning I am very pro high School graduation. My husband and I have a 14-year-old son whom we recently signed the custodial rights over to his grandparents. This is because we have two other children and our oldest son has a lot of issues and was a threat and dangerous to myself my husband and the two other children. After recently calling the cops on him for busting the house up we decided he needed to live somewhere else for the safety of the other people in this family. Instead of sending him to boarding school his grandparents offered to take him if we signed over all of our rights to them. They are now seeking child support which is fine. The problem is they're not getting them any help then he needs and she has a track record of not having their children graduate high school and letting them drop out which is what the 14-year-old wants to do. Based on the ncgs section 50 -13.4 if he does drop out of high school why am I still required to pay support for him? When did this section of the law get taken out or is it still in place? Thank you.

12/29/2020 01:14:34 pm

Child support rarely ends before age 18 if the child is not emancipated? Why- because the child is not yet self sufficient and relies on others for housing, food, etc..If you feel they are not promoting the best interest of the child you could certainly file an action for custody..

Cindy Ortiz

8/14/2021 11:22:37 pm

My husband’s ex wife has custody of their children (both are now considered adults.) Their son (he’s the youngest) just turned 18 last month in July. We all currently reside in North Carolina and this is where the child support order also originated. She just informed my husband that she and their 18 year old son are moving back to New York next month (September) and she is petitioning to have the child support continued there until their son is 21….can she do that?

8/15/2021 09:40:11 am

You would need to ask an attorney in New Jersey if this is possible and if your husband needs to do or not to do anything to prevent New Jersey from exercising jurisdiction over him.

Crystal

8/28/2021 11:29:39 am

My son is now 19 1/2 and graduated high school over a year ago and hasn’t continued on to college ever. There is no agreement stating anything about child support continuing on after 18. I also have a daughter that is 16 and will graduate from high school next year. I have had some pretty hard times lately and I now have an active warrant for child support purge. Can any of what I owe(to date) be lowered since I am not obligated to pay after my son turned 18 and graduated high school a year ago?

8/30/2021 09:56:36 am

If one child has aged out you would need to file a motion to modify your child support if you want a reduction.

Heather

10/15/2021 10:58:16 am

I just found out from my step-daughter that she graduated high school early, got engaged and moved in with her fiancé. Is my husband still required to pay her mom child support?

10/15/2021 11:26:30 am

He can't just stop paying if he is under a court order- Only a judge can modify a court order. He should consult with a local attorney about filing a motion to terminate child support based on emancipation.

Kayla McKay

11/1/2021 03:04:02 pm

I have graduated high school early and turn 18 February 4. My mom is saying I have to have a physical diploma (which I get in June) in order for her to stop receiving child support and that child support can’t take transcripts saying that I have indeed graduated. I have told her as long as child support has proof that I have graduated which is my transcripts then that is when child support will end. Who is right in this situation?

11/1/2021 03:09:51 pm

For specific legal advice you would need to consult a local attorney who if familiar with how the local judges would analyze that situation.

Amanda

12/3/2021 04:42:01 pm

Can a man be required to pay child support for a child he did not know existed, until the child was about to turn 18?

12/3/2021 05:26:31 pm

It is technically possible, but for specific legal advice you would need to consult with a local attorney.

Marcus Atkinson

12/27/2021 11:50:01 am

Do I have to continue to pay child support if my 17 year old daughter is pregnant? Baby is due in February. She turns 18 in August.

12/27/2021 12:11:06 pm

Court ordered child support generally does not stop automatically unless the Order has a specific termination clause in it that has been triggered.

Brandi

2/17/2022 04:41:09 pm

My husband's son is almost 21 is not attending school and was recently arrested on felony charges. Why are we still paying the $400 a month. Which we have no problem with. I am just curious to why hasn't his payment been ended due to age and his son's adult legal decisions?

2/17/2022 05:05:53 pm

Not all child support orders terminate automatically in North Carolina when a child ages out. Perhaps he needs to file a motion to terminate to avoid having to pay forever. At this point he needs to have a local attorney review the court file.

3/3/2022 12:15:59 pm

If a child graduates under 18 let's say 15 are you still obligated to pay child support?

3/3/2022 02:35:46 pm

Child Support in NC generally extends until at least age 18 unless the child is actually or practically emancipated.

6/7/2022 12:39:22 pm

I have three kids and I have not received child support in years. My local child support enforcement agency states the non-custodial parent has to be served and receive a court date due to non-payments. I was also advised that even if the other parent is served there is no guarantee he/she will go to jail/prison. The amount is over $15,000 and the non-custodial parent has not received any consequences for not supporting the kids. I have asked questions to my caseworker to ensure he/she is doing their job. What else can I do? No, business or driver's license have been revoked and if the non-custodial parent files taxes since the person is self-employed, I have noy received the tax money to support my kids. I reside in NC, don't know if the child support laws are different. I want to make sure I am being told accurate information because at this point, I feel like nothing is being done.

6/7/2022 12:41:26 pm

What county is your court order from?

6/15/2022 01:55:39 am

My husband and his ex have a custody agreement that was signed off on 2 years ago after they both came to an new agreement themselves with the guidance of our attorney. It was signed off on by the judge and is in full effect. In it, my husband and his ex agreed child support would terminate on my stepsons 18th birthday in a few months. My stepson will still be in high school until June 2023. Does this contract they agreed and was signed off on by a judge trump state law should his ex suddenly change her mind?

6/15/2022 09:20:30 am

Child support is always subject to modification by a judge as a matter of public policy.

Amy

7/29/2022 01:03:08 pm

My husband has a 16yr old son whose mother pulled him out of public schools last year, even though his public school offers online learning through the school system. She supposedly "home schools" him, yet she works a full time job & he's left at the apartment by himself 5 days a week, 12hrs a day. When he stays with us, we ask to see his work, but he always has an excuse as to why he didn't bring it, or that his mom didn't "give him his worksheets back yet." The ONE time we saw a "worksheet" it was something that my 12yr old middle schooler was covering in her 7th grade class - did I mention this boy is 16 & should be doing high school junior-level work?
My husband told her he wanted his son to do the required "end of year" exam at our house so it can be monitored. She agreed, then suddenly when it came time for him to do it, they did it at their apartment (obviously so they could cheat). He got a passing grade (barely) but when questioned about it, he said the computer froze - same thing he said last year when he barely passed.
I feel like we are fighting a losing battle. My husband's son takes up for his mother, and says she's "doing a good job with teaching him" but what teenage boy wouldn't want to stay up and play video games all night and sleep all day? He has no rules with her. He does what he wants, when he wants.
We've tried endlessly to get him to move in with us, but he knows if he does, he will be re-enrolled in PUBLIC schools and there will be accountability. With his mother, he has none. She is too concerned with being his "buddy" instead of a mother.
My husband pays her almost $600/month in child support, and we still end up buying him clothes and shoes b/c his mother never does. He always says they "just don't have the money" whenever we ask about shoes, clothes, etc.
We know it will be virtually impossible for us to prove what's going on, especially since his son will side with his mother.
Does my husband have any legal ground to stand on, to get his son back into public schools? Also, are there any ramifications to the mother from a child support perspective?

7/29/2022 01:27:02 pm

Your husband really needs to set up a consultation with a local attorney to discuss his case in detail to fully understand all his options.

Rachel

8/11/2022 07:41:32 am

Hello my sons 16 and isnt going to school due to an abusive relationship we just got out of. Hes planning on going to get his ged threw collage and would like to get a job. Were here in NC but his father lives in New York state. Does his father still have ro pay support even if our 16 year old son thats always lived with me his mum does not attend school right now. Because his father thinks he doesn't have to pay. Thanks for your time have a great day

8/11/2022 09:24:34 am

Child Support should never end before age 18 in NC unless the child in emancipated.

Ja'Vonne

10/26/2022 06:01:02 pm

My son passed away in September. I never had no problem paying but if he's not with us no more should I still be paying?

10/26/2022 06:19:52 pm

Child support under NC law should end upon the death of the child unless there is an arrearage.

Enrique

2/20/2023 11:31:59 pm

My daughter is turning 18 on 2024 December on January 1st 2025 do I stop sending child support ?

2/21/2023 08:39:09 am

If you are under a court order you need to speak with a local attorney or your local courthouse where the order was established about terminating that order.

3/4/2023 06:08:22 pm

No we don’t have a court order I pay child support voluntary . Do I stop paying her mom when she turns 18 or after high school

3/4/2023 06:14:48 pm

Child Supports generally extends past age 18 in NC if the child is still in high school and making progress towards graduation.

Jamie Walker link

3/20/2023 09:09:45 pm

My son is 16 and has quit school and went to work off and on. He stays with me sometimes and with his other family sometimes. Do I haft to continue paying child support? We never went through the courts.

3/20/2023 10:35:15 pm

For specific legal advice you should consult with a local attorney.

Susan

4/26/2023 09:18:12 am

My husband is currently paying child support on his daughter. She is 17. Will be 18 in September. Her stepfather kicked her out of the house and she refuses to come to her dad's. She stays with an Aunt and Uncle right now. She says she will be finishing up her homeschooling high school in September, right after her birthday. If she will not give a copy of her diploma or documentation of completing high school, how would my husband be able to prove she has completed high school when the time comes? Thank you

4/26/2023 09:26:43 am

He might have to just file a motion to terminate and argue at the hearing mom should have to prove daughter is still in school.

Ronnie Bing

6/15/2023 01:49:07 am

I have had checks taken from me by family

6/15/2023 08:57:47 am

You may want to consider contacting the police and Child Support Enforcement in Raleigh.

Ivette

1/18/2024 07:24:00 pm

My husband pays child support for his son 15 year old son. The son as decided that he no longer wants to live with his mom and has been staying at a friends house. Is there anything that can be done about the current child support order.

1/18/2024 07:46:19 pm

He should speak with a local attorney before filing a motion to terminate. If he tries this on his own what can happen is the son will miraculously move back in with mom for a few days right before the hearing as she bribes him with money to do so and then he will move back out again right after the hearing.

5/9/2024 08:36:45 am

I pay child support voluntarily and have for 14 years. There is no court order. I pay twice a month. My child is 18 already and graduates on May 23. Can I prorate the last payment to the graduation date? A plain reading of the law says 18 and graduated. Am I missing something here? Other sources say I need to make the last payment a full payment and not prorate.

5/9/2024 10:07:21 am

For specific legal advice you would need to speak with a local attorney.

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